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Q85 (CISF/2025) Polity & Governance › Governance, Policies & Social Justice

Which one of the following police officers has the power to decide whether to register the case under Section 113 Bharatiya Nyaya Sanhita, 2023 or under Unlawful Activities (Prevention) Act, 1967 ?

Explanation

Under Section 113 of the Bharatiya Nyaya Sanhita (BNS), 2023, which defines and penalizes "Terrorist Acts", a specific procedural safeguard has been established to manage the overlap with special laws. According to Section 113(5) of the BNS, an officer not below the rank of Superintendent of Police (SP) shall decide whether to register a case under this section of the BNS or under the provisions of the Unlawful Activities (Prevention) Act (UAPA), 1967.

This provision ensures high-level administrative scrutiny before invoking terror-related charges in the general criminal code, preventing potential misuse by lower-ranking police officials. While the BNS now includes terrorism as an offense, the UAPA remains the primary special legislation, and this mandate ensures that the choice of law is made by a senior officer based on the gravity and nature of the offense.

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SIMILAR QUESTIONS

CISF · 2026 · Q132 Relevance score: 2.78

Who among the following would qualify as a "public servant" under Bharatiya Nyaya Sanhita, 2023 ? 1. An arbitrator to whom a matter has been referred for decision by a court 2. Every commissioned officer in the Army, Navy or Air Force 3. Member of Panchayat assisting a court Select the answer using the code given below :

CISF · 2026 · Q136 Relevance score: 1.82

Which of the following duties of police officer making an arrest have been provided under the Bharatiya Nagarik Suraksha Sanhita, 2023 ? 1. He shall inform the person arrested without warrant of the grounds of arrest. 2. He shall bear a clear, visible and accurate identification of his name to facilitate easy identification. 3. Police officer shall under no circumstances use handcuffs while making arrest. Select the answer using the code given below :

CISF · 2026 · Q137 Relevance score: 1.48

Consider the following statements in the light of the Bharatiya Nagarik Suraksha Sanhita, 2023 : 1. Any police officer of any rank may command any unlawful assembly that is likely to cause a disturbance of the public peace to disperse. 2. If an unlawful assembly despite being commanded to disperse, cannot otherwise be dispersed, any police officer may cause it to be dispersed by the armed forces. Which of the statements given above is/are correct ?